Contract Offer
2.1 Definition of Proposal/Offer
Section 2(a) of the Contract Acts 1950 provides that:
“when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of that other to the act or abstinence, he is said to make a proposal”.
Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act, which is to pay a reward, upon certain terms, with a view of obtaining the other’s assent to the act and ready to be bound by a promise by the other.
2.2 Parties
Section 2(c) of the Contract Acts 1950 provides that:
“The person who making the proposal is called the “promisor” and the person accepting the proposal is called the ”promisee” .
Promisor can also be called as proposer/offeror.
2.3 Type of Proposal
Proposal can be either
a) express (verbal/writing) or
b) implied (conduct)
2.3 The form of Proposal
A person may make a proposal in many forms.
It can be either
a) writing
b) oral
c) conduct
Writing
B) Oral Contract
Contracts can be made orally. There is no requirement for contracts can be reduced into writing. However, oral contracts are difficult to prove. So it would be wise to put it into writing form in case there will be any future disputes.
Case: Syed Jaafar bin Syed Ibrahim v Maju Mehar Singh Travel & Tours
Facts: The plaintiff which is a farmer in Kedah ventured into part-time business where he planned all the travel arrangements for his villagers who were planning to perform Umrah and Haj in Makkah. The defendant was a travel agency.
The plaintiff entered into an oral contract with the defendant through the managing director. The plaintiff would provide passengers to the defendant and collects RM 5.5k from all the passengers and handed the money to the defendant. And then the defendant would issue return air return air tickets for the haj, apply and obtain visas for the passengers and would pay commission of RM200
Section 2(a) of the Contract Acts 1950 provides that:
“when one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtain the assent of that other to the act or abstinence, he is said to make a proposal”.
Eg: Ali advertised in Malay Mails that he will give a reward of RM100 to anyone who finds his pet. He signified his willingness to do an act, which is to pay a reward, upon certain terms, with a view of obtaining the other’s assent to the act and ready to be bound by a promise by the other.
2.2 Parties
Section 2(c) of the Contract Acts 1950 provides that:
“The person who making the proposal is called the “promisor” and the person accepting the proposal is called the ”promisee” .
Promisor can also be called as proposer/offeror.
2.3 Type of Proposal
Proposal can be either
a) express (verbal/writing) or
b) implied (conduct)
2.3 The form of Proposal
A person may make a proposal in many forms.
It can be either
a) writing
b) oral
c) conduct
Writing
B) Oral Contract
Contracts can be made orally. There is no requirement for contracts can be reduced into writing. However, oral contracts are difficult to prove. So it would be wise to put it into writing form in case there will be any future disputes.
Case: Syed Jaafar bin Syed Ibrahim v Maju Mehar Singh Travel & Tours
Facts: The plaintiff which is a farmer in Kedah ventured into part-time business where he planned all the travel arrangements for his villagers who were planning to perform Umrah and Haj in Makkah. The defendant was a travel agency.
The plaintiff entered into an oral contract with the defendant through the managing director. The plaintiff would provide passengers to the defendant and collects RM 5.5k from all the passengers and handed the money to the defendant. And then the defendant would issue return air return air tickets for the haj, apply and obtain visas for the passengers and would pay commission of RM200